The entry of a foreign construction company into the Spanish market involves much more than having the technical and human resources required to carry out a project. When an international company participates as a contractor or subcontractor on a project in Spain, it must adapt to a specific framework of obligations regarding occupational risk prevention, subcontracting, coordination of activities and documentary management.
For this reason, knowing the construction regulations in Spain before starting the work is essential to avoid administrative incidents and, especially, to ensure that the company and its workers can access the site in compliance with the required requirements.
Which regulations should foreign construction companies be familiar with?
The Spanish regulatory framework applicable to construction works includes different rules. Among the most relevant are Law 31/1995 on Occupational Risk Prevention; Royal Decree 1627/1997, which establishes the minimum health and safety provisions on construction sites; and Law 32/2006, regulating subcontracting in the construction sector.
In addition, when a foreign company temporarily posts workers to Spain, the obligations established by Law 45/1999 on the posting of workers in the context of a transnational provision of services may also apply.
Compliance does not depend solely on the company already being authorised to carry out construction activities in its country of origin. The activity carried out in Spain must comply with the requirements established by Spanish legislation.
1. Registration in the Register of Accredited Companies (REA)
One of the fundamental aspects for foreign companies that are going to take part in construction works in Spain is the Register of Accredited Companies (REA).
Law 32/2006 establishes that companies intending to be contracted or subcontracted for work on a construction site must be registered in the REA and demonstrate, among other aspects, that they have an adequate preventive organisation and human resources with the necessary training in occupational risk prevention.
For foreign companies posting workers to Spain, the Ministry of Labour also indicates that, when the company intends to be contracted or subcontracted for work on a construction site, it must be registered in the REA. In certain posting cases, the first posting communication may serve as an application for registration.
This procedure can be particularly complex for a company that is unfamiliar with how the Spanish Administration operates or that needs to adapt documentation from another country to national requirements.
2. Comply with occupational risk prevention
Spanish legislation establishes that the employer must guarantee workers’ safety and health in all aspects related to work and have the necessary preventive resources and organisation.
In construction, these obligations are especially relevant due to the characteristics of the works and the simultaneous involvement of different companies, subcontractors and self-employed workers.
The fact that a foreign company has its own prevention system in its country of origin does not mean it can dispense with the obligations established by Spanish legislation. The preventive documentation and organisation must be compatible with the requirements applicable in Spain.
3. Prepare and manage the Health and Safety Plan
Royal Decree 1627/1997 establishes specific health and safety provisions applicable to construction works. Among them, it determines that each contractor must prepare a Health and Safety Plan (PSS) applying the health and safety study or the basic study, adapting it to its own work execution system.
The plan must analyse, develop and complement the project’s preventive provisions and may be modified during execution when working conditions change, always following the established procedure.
In addition, before the start of the work, the plan must be approved by the health and safety coordinator during execution, where applicable. For an international company, one of the main challenges is transferring its internal procedures to the format and requirements of Spanish regulations.
4. Control subcontracting
Law 32/2006 specifically regulates subcontracting in the construction sector and establishes requirements for contractors and subcontractors. These include having their own production organisation, having the necessary resources, assuming the responsibilities arising from the activity and having an adequate preventive organisation. The regulations also establish limits and conditions for the different levels of subcontracting.
In addition, each contractor must have a subcontracting book in which the subcontracting carried out on the site is recorded, along with other relevant information about the companies and workers involved.
For a foreign company that brings in local subcontractors or works alongside other international companies, correctly controlling this documentation is essential.
5. Comply with posted workers’ obligations
When a foreign company temporarily posts workers to Spain to provide services, there are specific communication obligations and compliance with certain working conditions.
The Ministry of Labour establishes that, as a general rule, the company must notify the posting before it begins to the labour authority of the corresponding autonomous community. The notification includes information about the company, the workers, the workplace, the duration and the characteristics of the service.
In certain circumstances, it is also necessary to manage aspects related to the company’s representation in Spain and the labour and preventive documentation of posted workers.
6. Coordinate all companies participating in the work
A construction project may bring together a developer, contractors, subcontractors, self-employed workers and different technical teams. Coordination among all of them is an essential part of preventive management.
Royal Decree 1627/1997 provides for specific coordination obligations and establishes functions for the health and safety coordinator during execution, including approval of the Health and Safety Plan, organisation of the coordination of business activities and control of the application of work methods.
For an international company, having a point of contact who knows Spanish regulations can facilitate communication with the developer, the site management team, the health and safety coordinator and the different documentary platforms used during the work.
7. Keep documentation ready for site access
Compliance with construction regulations in Spain does not end with obtaining a registration or the initial preparation of the project. During execution, it is necessary to keep the preventive and contractual documentation of the companies, workers, machinery and auxiliary equipment involved in the work up to date.
Royal Decree 1627/1997 establishes, for example, that the Health and Safety Plan must remain available to the Labour Inspectorate and the competent bodies.
In addition, Law 32/2006 establishes documentary obligations related to subcontracting and the Subcontracting Book.
For international companies, centralising this management can reduce the risk that incomplete or outdated documentation creates problems for bringing workers or companies onto the site.
Is your foreign company going to carry out a project in Spain?
Adapting to construction regulations in Spain can be complex when the company is not familiar with Spanish administrative and preventive procedures. At GespreObra we have a department specialised in international companies and can support foreign construction companies in managing the REA, posted workers, A1 forms, Health and Safety Plans, documentary coordination and occupational risk prevention requirements, as well as other on-site health and safety services.
Having a specialised consultant from the initial phase makes it possible to centralise documentation and prepare site entry in accordance with the requirements applicable in Spain. Contact GespreObra to analyse your project’s needs and receive advice tailored to the activity your company will carry out in Spain.
